"In consequence of this declaration which you have both just made, I declare you to be, in the name of the law, united in marriage." Immediately after this declaration the marriage is inscribed on the register and the entry is signed by the husband and wife, and by the witnesses. ART. 40. A religious ceremony can only take place after the legal celebration of marriage by the civil functionary, and upon the presentation of the marriage certifi cate. ART. 41. The husband and wife should declare to the officer of the civil state of their place of residence at the time of the marriage, or at the latest within a delay of thirty days, the children they may have had previously, and which are legitimized by their subsequent marriage. Nevertheless, if for any motive whatever this declaration has not been inscribed, nothing prejudicial to the rights of their children born before the marriage or their descendants can arise from this omission. ART. 42. The register of marriages should state a. The family and Christian names, the place of origin, of birth, and of domicile, the profession, and the date of birth of each contracting party. b. The family and Christian names, the profession and domicile of the parents. e. The family and Christian names of the deceased or divorced husband and wife, when one of the contracting parties has been previously married; also the date of the death or divorce. d. The date of the publication of the intention of marriage. e. The date of the celebration of marriage. f. A list of the documents deposited. g. The family and Christian names and domicile of the witnesses. E.-SPECIAL PROVISIONS AS TO DIVORCE, AS TO NULLITY OF MARRIAGE, AND AS TO THE ENTRIES TO BE MADE IN SUCH CASES. ART. 43. Actions for divorce and for nullity of marriage must be brought before the tribunal of the place and domicile of the husband. The appeal to the federal tribunal is reserved in conformity with article 29 of the law of the federal judiciary organization of June 27, 1874. In default of a domicile within the confederation, the action may be brought in the place of birth (bourgeoisie) or at the last domicile of the husband in Switzerland. ART. 44. From the time when the action is instituted, the tribunal permits the wife, at her request, to live apart from her husband, and orders in general, throughout the continuation of the suit, the necessary measures for the support of the wife and children. ART. 45. When the man and wife are both applicants for divorce, the tribunal will pronounce whether circumstances exist of a nature which render a continuation of a life in common incompatible with the nature of marriage. ART. 46. At the request of either the husband or wife the divorce should be granteda. For adultery, if not more than six months have elapsed since the injured party has been aware of it. b. On account of an attempt upon one's life, cruelty, or serious injuries. C. On account of a condemnation to an ignominious punishment. d. For malicious desertion, when it has lasted for two years, and a judicial summons, fixing a delay of six months for the return, has produced no effect. e. On account of mental derangement, when it has lasted three years and is declared incurable. ART. 47. If none of these causes of divorce exist, and nevertheless circumstances have arisen by which the conjugal bond is gravely affected, the court may decree divorce or separation. This separation cannot be pronounced for more than two years. If during that period a reconciliation has not taken place between the husband and wife, the demaud for divorce can be renewed, and the court pronounces then freely, according to its convictions. ART. 48. In the case of divorce for a prescribed cause, the husband or wife against whom the divorce has been pronounced cannot contract a new marriage before the expiration of a year after the decree of divorce. This term can nevertheless be extended to three years at the most by the decree of the court. ART. 49. The subsequent effects of the divorce or of the judicial separation as to the persons of the husband and wife, as to their property, as to the education of the children, and as to the indemnities imposed upon the guilty party, are regulated by the legislation of the canton to whose jurisdiction the husband is subject. The court pronounces upon these questions officially, or, at the request of the parties, at the same time as upon the request for divorce. The cantons which have no legislative dispositions on this subject are obliged to promulgate them within a period fixed by the federal council. ART. 50. A marriage contracted without the free consent of the two contracting parties or one of them, by constraint, by fraud, or through mistaken identity as to the person, may be declared null upon the request of the person wronged. The action for nullity cannot, however, be entertained if more than three months have elapsed since the husband or wife has recovered his or her full liberty or has acquiesced in the error. ART. 51. The nullity of marriage should be officially proceeded with when the marriage has been celebrated contrary to the provisions of article 28, numbers 1, 2, and 3, ART. 52. A marriage celebrated between husband and wife who had not yet attained the age fixed by article 27, or if one or other of them had not attained that age, may be declared null at the request of the father, of the mother, or of the guar lian. Nevertheless such action for nullity cannot be entertained— a. When the husband and wife have attained the legal age. b. When the wife has become pregnant. c. When the father, the mother, or the guardian have given their consent to the marriage. ART. 53. The nullity of a marriage contracted without the consent of the parents or guardians (article 27, paragraph 2), and without the publications prescribed by the law having taken place, cannot be demanded except by those whose consent was required and only then when the husband and wife have not yet attained the legal age. ART. 54. A marriage contracted in a foreign country under the jurisdiction of the legislation which is there in force, cannot be declared null except when the nali arises at the same time from the foreign legislation and the provisions of the present law. ART. 55. A marriage which has been declared null produces, nevertheless, the er effects of a valid marriage, as far as regards the husband and wife, as well as the ch dren born or legitimatized by such marriage, when it has been contracted in good faith by both parties. If the good faith exists only on the part of either the husband or the wife, the mar riage produces only the civil effects of a valid marriage for that one of the couple asi for the children. Finally, if neither of the two parties were of good faith the children alone profit the civil effects of the marriage as if it had been valid. ART. 56. As to marriages between foreigners, no action for divorce or nullity of marriage can be admitted by the courts if it is not established that the country to which the husband and wife belong will recognize the decree which may be pronounced. ART. 57. All judgments pronouncing divorce or nullity of marriage should be 12mediately transmitted, by the tribunal which decrees them, to the officers of the s state of the place of domicile and place of birth, and recorded by the latter in the register on the margin of the record of the marriage. F. PENAL PROVISIONS. ART. 58. The officers of the civil state are responsible to the parties interested for all damage caused by their negligence or lack of observance of their duty. ART. 59. Those persons should be proceeded against and officially punished, or upa complaint 1st. Those who have not observed the provisions of articles 14, 15, 20, and 21, con cerning the declarations of births and deaths, by a fine not to exceed one hundred francs. 2d. By a fine not to exceed three hundred francs, those officers of the civil state whi have violated the duties imposed by the present law as well as the clergy who ha acted contrary to the provisions of article 40. In case of a second offense the fire is doubled and the functionary dismissed. The clergy are equally responsible towards the parties interested for the civil sequences. The parties interested have the right to appeal to the "tribunal federal" against the decisions of the cantonal courts as to the application of the provisions of the pre ent article. 1 G.—Final ProVISIONS. ART. 60. The cantonal regulations for the carrying into effect of the present law must be submitted for the approval of the Federal Council. ART 61. The present law shall go into effect the 1st of January, 1876, subject to the reservation of article 89 of the federal constitution, and of the federal law of June 17. 1874, respecting the voting of the people upon the federal laws and decrees: ART. 62. The following will be repealed from that date: 1st. The federal law of mixed marriages of December 3, 1850. 2d. The supplementary law of mixed marriages of February 3, 1862. 3d. The concordat of July 8, 1803 (and July 9, 1818). 9th. The concordat of February 1, 1855. 10th. All other cantonal laws and ordinances in opposition to the present law. H.-TRANSITORY PROVISIONS. ART. 63. The final or temporary separations decreed before the going into effect of the present law may be the basis of an action for divorce if the causes upon which they are founded can according to the present law serve as a motive for divorce. ART. 64. The cantons have the power to cause to be furnished to the civil functionaries all the registers and documents concerning the civil state, or copies of such registers and documents so far as the same is necessary. From the going into effect of the present law, the new officers of the civil state are alone authorized to furnish certificates and extracts of the civil state. ART. 65. In case that the present registers concerning the persons mention only the baptism and not the birth, the certificate of baptism may replace the certificate of birth prescribed in article 30, letter a. The foregoing law, published the 30th of January, 1875, will go into effect in accordance with article 89 of the federal constitution and the federal decree of July 1, 1875, and will have the force of law from the 1st of January, 1876. Berne, the 7th of July, 1875. In the name of the Swiss Federal Council. The chancellor of the confederation: The President of the confederation: SCHERER. SCHIESS. No. 598. No. 220.] Mr. Fish to Mr. Evarts. LEGATION OF THE UNITED STATES, Berne, October 21, 1879. (Received November 7.) SIR Referring to my No. 213, and to your instructions, No. 107, I have the honor to inclose herewith a copy of a note which I addressed to Mr. Hammer, President of the confederation, respecting Mormon emigration to the United States.* Although my note is dated the 17th instant, I was unable until to-day to find the President to speak to him with reference to this subject. I had learned from Mr. Doerr that he had received the instruction re * For the substance of Mr. Fish's representations see the Department's circular instruction of August 9, 1879. (Foreign Relations, 1879, page 11.) ferred to in your No. 107, and from that fact thought it expedient to present my note, which I accompanied with a German translation. In our interview I found the President well disposed to do all in his power to assist us in our endeavors to suppress the emigration of recruits for the polygamous community in Utah, but I doubt whether, under existing legislation, much can be done beyond a publication in the Feuille Fédérale and the public press in this direction. This the President said would be cheerfully accorded. I shall keep you informed of the position of the Swiss press on this question, and with this view shall communicate a translation of my note to the consular officers with a request that they should further its promulgation and likewise report any discussion it may create in the news papers. I have, &c., No. 599. Mr. Evarts to Mr. Fish. NICHOLAS FISH. No. 120.] DEPARTMENT OF STATE, Washington, November 12, 1879. SIR: Your dispatch No. 218, of the 18th ultimo, has been received It relates to the detention by the Swiss local authorities of property is Switzerland claimed by natives of that country naturalized in the United States. The reasons assigned for that detention are believed to be so insufficient practically, morally, and legally that it is hoped the Federal Government of that country will lose no time in applying its authority or influence towards redressing the grievance. It is noticed with regret that the Swiss local authorities, at least, are disposed to maintain the doctrine of perpetual allegiance by denying the right of a native of that country to become naturalized elsewhere without their consent. This pretension has always been regarded here as extravagant, and as such has been resisted, so that several of the most important Esropean countries with monarchical governments, which were most strenous in supporting it, have receded from their claims, and have concluded naturalization treaties with the United States. Switzerland as yet has no such treaty, but the convention of 1850 between the United States and that country contains stipulations which seem applicable to the present case and adequate for disposing of it contrary to the views held in that quarter. It appears from your dispatch that one of the claims of the commural authorities is that they can recognize no native of Switzerland as a cit.zen of the United States who shall not have obtained their consent to his naturalization. This pretension is in direct conflict with the fourth article of the treaty, which says that in order to establish their charac ter as citizens of the United States of America, persons belonging to that country shall be bearers of passports certifying their nationality. If, therefore, the nationality of any Swiss naturalized here, who may visit his native country with such passport, shall there be questioned, *For above-mentioned dispatch ride volume Foreign Relations for 1879, page 973. that act must be looked upon as a flagrant violation of the treaty, which could not be acquiesced in. Again, the fifth article stipulates in substance that the heirs of a Swiss decedent, being citizens of the United States, whether native or naturalized, shall inherit and dispose of the property of such decedent at their pleasure. An authenticated copy of the judgment of the court which may have naturalized a Swiss citizen must be regarded as conclusive proof of that act in regard to all such naturalized Swiss who may not visit their native country. As explicit abjuration of allegiance to his native country is by law required of every foreigner naturalized here, the fact of such abjuration is mentioned in the record. It is presumed, therefore, that when a duly attested copy of such record is presented to the authorities in Switzerland, the sufficiency of the proof which it contains will be acknowledged without hesitation. You intimate that the supreme court of the Confederation might decide the question conformably to the views entertained here, and suggest that a test case be prosecuted for the purpose of obtaining their opinion. This course it would be difficult and inconvenient for this government to adopt, but it might be the most eligible for a claimant to sufficient property in that country to incur the hazard and expense which would attend it. I am, &c., No. 600. WM. M. EVARTS. No. 229.] Mr. Fish to Mr. Evarts. LEGATION OF THE UNITED STATES, Berne, November 27, 1879. (Received December 13.) SIR: Referring to my dispatch No. 220, in which I inclose a copy of my note to this government respecting the Mormon question, I have now the honor to submit a copy and translation of their reply. It will be seen that their answer, while dealing in general with the question, refers to a particular case, of which I have no other knowledge than that contained in their note. * The reply of the Swiss Government indicates to me a disposition to furnish us a moral support in the suppression of Mormonism, but it does not encourage me to hope for an active assistance on their part. I am of opinion that were we to exert an active influence over here by instructing our consuls to vigilantly search for and protest against the shipment of recruits to the polygamous colony, we might occasionally thwart the shipment of individual recruits; but were we to cause the detention of some of these latter at the ports of embarkation upon satisfactory evidence, as we are now authorized to do in regard to paupers, imbeciles, and lunatics, we might easily draw to our aid a more active co-operation, or a more explicit opposition than we are, in view of the present correspondence, led to expect. I have, &c., NICHOLAS FISH. |